- Rhode Island medical malpractice law requires that a lawsuit seeking compensation for damages and injuries arising out of medical malpractice is filed within three years of the injury. There is an exception for a person who does not know she was injured as the result of malpractice. In such a case, that individual must file a lawsuit within three years of when she discovered the injury or reasonably should have made that discovery. A minor does not have to file a medical malpractice lawsuit until she reaches his 21st birthday.
- You are entitled to seek different types of compensation under Rhode Island medical malpractice law. The types of compensation you can seek include medical expenses, future medical expenses, lost wages, and pain and suffering. Rhode Island law does not place caps on how much money you can receive as compensation.
- You must retain the services of an expert to testify in a Rhode Island medical malpractice lawsuit. An expert is defined in Rhoda Island law as a person with "knowledge, skill, experience, training or education in the field of the alleged malpractice," according to Rhode Island General Laws Section 9-19-41.
- Rhode Island medical malpractice law incorporates the legal doctrine of comparative negligence. Comparative negligence means that if you partially are responsible for causing your injury (not following your doctor's post-treatment directives appropriately), you are assigned a percentage of responsibility for the damages.
- Medical malpractice law in Rhode Island is complicated. Your interests likely are best served if you engage the services of an experienced, qualified Rhode Island medical malpractice attorney. The Rhode Island Bar Association maintains directories of attorneys in different practice areas.
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